The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/CS/SB 588
INTRODUCER: Fiscal Policy Committee; Appropriations Committee on Transportation, Tourism and
Economic Development; Transportation Committee; and Senator Rodriguez
SUBJECT: Enforcement of School Zone Speed Limits
DATE: April 26, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Jones Vickers TR Fav/CS
2. Wells Jerrett ATD Fav/CS
3. Jones Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 588 authorizes a local government to place or install an automated speed detection
system on a street or highway under its jurisdiction or a state road if permitted by the Florida
Department of Transportation (FDOT) to be used solely to enforce speed limits in school zones.
Such placement or installation must be in accordance with specification developed by the FDOT,
which must be established by December 31, 2023.
Under the bill, a local government may appoint local traffic infraction enforcement officers to
issue citations to persons detected as exceeding the speed limit in excess of ten miles per hour
over the speed limit in force at the time in an area designated as a school zone. Specifically, a
county or municipality may enforce speed limits in school zones within 30 minutes before,
during the entirety of, and within 30 minutes after school.
In order to use a speed detection system to enforce speed limits in school zones, the bill requires:
 The speed detection system to be permitted, placed, and installed in accordance with
regulations developed by the FDOT;
 The local government to notify the public of the speed detection system through a 30-day
public awareness campaign; and
 The speed detection system to perform self-tests to detect accuracy at least every 30 days,
and law enforcement to perform calibration tests of the system at least every 12 months.
BILL: CS/CS/CS/SB 588 Page 2
The bill authorizes a traffic infraction enforcement officer employed by a sheriff’s department or
municipal police department to issue a fine or a traffic citation for unlawful speeds in school
zones as detected by a speed detection system. The initial fine for a violation enforced by a speed
detection system is $100, which is less than the speeding fines incurred if a law enforcement
officer enforced the same offense in a school zone.
The bill authorizes a notice of violation to be mailed to the registered owner of the motor vehicle
alleged to be in violation of unlawful speed in a school zone enforced by a speed detection
system within 30 days following the violation, and include information regarding the right to pay
a $100 fine, review the evidence, request a hearing, or submit an affidavit submitting a defense
to the violation. A traffic citation must be issued to a person who does not pay the fine or submit
a specified affidavit within 30 days of the notification of violation. These provisions are similar
to those in current law for the use of traffic infraction detectors (red-light cameras).
The bill requires an annual report by local governments using speed detection systems and by the
Department of Highway Safety and Motor Vehicles (DHSMV) on the use of such systems.
The bill may have an indeterminate fiscal impact. Local governments that choose to implement
speed detection systems may incur costs to implement the systems. Additionally, FDOT,
DHSMV, Department of Revenue, and the Clerks of Court may incur costs associated with
updates required by the bill. However, collection of fines will positively impact general revenue,
state trust funds, public school districts and local governments, and may offset costs incurred by
the state and local governments.
The bill takes effect July 1, 2023.
II. Present Situation:
The Division of Florida Highway Patrol of the DHSMV; the Division of Law Enforcement of the
Fish and Wildlife Conservation Commission; the Division of Law Enforcement of the
Department of Environmental Protection; and the agents, inspectors, and officers of the
Department of Law Enforcement each have authority to enforce all of the traffic laws in Florida
on all the streets and highways and elsewhere throughout the state wherever the public has a
right to travel by motor vehicle.1
Local authorities may also exercise police power on streets and highways within their
jurisdictions. This authority includes establishing speed limits and regulating traffic by means of
police officers or official traffic control devices.2
Traffic Infraction Enforcement Officers
The DHSMV, a county, or a municipality are authorized to employ or designate traffic infraction
enforcement officers. A traffic infraction enforcement officer must successfully complete
instruction in traffic enforcement procedures and court presentation through the Selective Traffic
Enforcement Program as approved by the Division of Criminal Justice Standards and Training of
1
Section 316.640(1)(a), F.S.
2
Section 316.008(1), F.S.
BILL: CS/CS/CS/SB 588 Page 3
the Department of Law Enforcement, or through a similar program, but may not necessarily
otherwise meet the uniform minimum standards established by the Criminal Justice Standards
and Training Commission for law enforcement officers or auxiliary law enforcement officers.3
A DHSMV traffic infraction enforcement officer may issue traffic citations to persons who
violate properly placed official traffic control devices or who do not stop at steady red lights.4 A
sheriff’s department or a municipal police department traffic infraction enforcement officer is
authorized to issue traffic citations for noncriminal traffic infractions, or parking infractions, that
he or she observes as well as issue traffic citations to persons who violate properly placed official
traffic control devices or who do not stop at steady red lights.5
Speed-Measuring Devices
Evidence of the speed of a vehicle measured by any radar speed-measuring device is
inadmissible in any proceeding with respect to an alleged violation of provisions of law
regulating the lawful speed of vehicles, unless such evidence is obtained by an officer who:6
 Has satisfactorily completed the radar training course established by the Criminal Justice
Standards and Training Commission pursuant to s. 943.17(1)(b), F.S.
 Has made an independent visual determination that the vehicle is operating in excess of the
applicable speed limit.
 Has written a citation based on evidence obtained from radar when conditions permit the
clear assignment of speed to a single vehicle.
 Is using radar which has no automatic speed locks and no audio alarms, unless disconnected
or deactivated.
 Is operating radar with audio Doppler engaged.
 Is using a radar unit which meets the minimum design criteria for such units established by
the DHSMV.7
Whenever any peace officer engaged in the enforcement of the motor vehicle laws uses any
device to determine the speed of a motor vehicle on a public road, the device must be approved
by the DHSMV and must have been tested to determine that it is operating accurately. Tests for
this purpose must be made at least once each six months.8 Any police officer, upon receiving
information relayed to him or her from a fellow officer stationed on the ground or in the air
operating such a device that a driver of a vehicle has violated the speed laws, may arrest the
driver for violation of said laws where reasonable and proper identification of the vehicle and the
speed of same has been communicated to the arresting officer.9
3
Section 316.640(1)(b)3. and (5), F.S.
4
Section 316.640(1)(b)3., F.S., authorizing enforcement of s. 316.0083, F.S.
5
Section 316.640(1)(b)3., F.S., authorizing enforcement of ss. 318.14 and 316.0083, F.S.
6
Section 316.1906(2), F.S.
7
The DHSMV adopts by rule the minimum design criteria for radar units and laser devices and maintains a list of approved
speed measuring devices. Rules 15B-2.0082, 2.013, and 2.014, F.A.C.
8
Section 316.1905(1), F.S.
9
Section 316.1905(2), F.S.
BILL: CS/CS/CS/SB 588 Page 4
School Zones
The Manual for Uniform Traffic Control Devices (MUTCD) defines a school zone as “a
designated roadway segment approaching, adjacent to, and beyond school buildings or grounds,
or along which school related activities occur.”10 The location of a school zone is determined
based on an engineering study that assesses where the need for reduced speed limits are
necessary. School zones may be established at other locations when justified by an engineering
study, but they cannot be applied in a blanket manner for all roads within a school’s area. 11 The
FDOT advises, “School zones should be kept as short as practical and should not necessarily
extend along the entire highway frontage of the school property.”12
The FDOT is required to maintain school zones located on state roads, though it can enter into
agreements with counties or municipalities for those local governmental entities to maintain the
zones.13 Counties are required to maintain school zones on county roads outside of
municipalities, and municipalities are required to maintain school zones located in a
municipality.14
School Zone Speed Limits
Because a school zone is established based on the need for reduced speed limits due to children
arriving at and leaving school, a reduced speed limit may be established in a school zone. For
posted speeds of 35 mph or greater, a school zone speed limit of 20 mph must be used, and for
posted speeds of less than 35 mph, a 15 mph school zone speed limit must be used, except if a
local regulation allows for a lesser speed.15
A restricted school zone speed limit may be in force only from 30 minutes before to 30 minutes
after the periods of time when pupils are arriving or leaving a regularly scheduled breakfast
program or school session.16
School Speed Zone Signage
Pedestrian safety depends upon public understanding of accepted methods for efficient traffic
control, and the uniform approach to school area traffic controls ensures that pedestrians,
bicyclists, and other vehicles in the vicinity of schools will understand how to move safely in
10
U.S. Department of Transportation, Federal Highway Administration, Manual for Uniform Traffic Control Devices
(MUTCD), Section 1A.13(03)(185) (2009 ed.).
11
FDOT, Speed Zoning for Highways, Roads, and Streets In Florida, Chapter 15. Establishing School Zones and School
Crossings, p. 38 (August 2018), available at https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/traffic/speedzone/2019-01-28_speed-zoning-manual_august-2018.pdf?sfvrsn=ac20bad7_0 (last visited March 9,
2023).
12
Id at 15.4.2(15) p. 52-53.
13
Section 316.1895(3)(a) and (2), F.S. Upon request from the appropriate local government, the FDOT must install and
maintain school zones on state roads for all prekindergarten early-intervention schools that receive federal funding through
the Headstart program.
14
Section 316.1895(3)(b) and (c), F.S.
15
FDOT, supra note 11, at 15.4.2(3) p. 47.
16
Section 316.1895(5), F.S.
BILL: CS/CS/CS/SB 588 Page 5
school areas. “Procedures and devices that are not uniform might cause confusion among
pedestrians and other road users, prompt wrong decisions, and contribute to crashes.”17
School area signs advise drivers of school zones and school crossings to help provide students
with a safe zone when they cross the road to and from school. The school zone area beginning
and end must be clearly designated on the road surface as required by the FDOT and identified
by specific signage. Permanent signs designating school zones and school zone speed limits must
be uniform in size and color and have the times during which the restrictive speed limit is
enforced clearly designated on them.18 Alternative to posting the times during which a restrictive
speed limit is enforced, flashing beacons may be used indicating the restricted speed limit is
being enforced.19 Depending on the posted speed of the road, advance warning signs for a school
zone must be posed between 100 and 225 feet from the beginning of the school zone.20
For any newly established school zone or any school zone in which the signing has been
replaced, a sign stating “Speeding Fines Doubled” must be installed within the school zone on
the same pole as the flashing beacon assembly.21 The MUTCD requires the postage of signage
where increased fines are imposed for traffic violations within a designated school zone as a
supplement to the school zone sign to identify the beginning point of the higher fines zone.22
School Zone Speeding Penalties
A person may not drive a vehicle in a school zone at a speed greater than that posted in the
school zone.23 A violation of the speed limits established under s. 316.1895, F.S., is cited as a
moving violation, publishable as provided in ch. 318, F.S.
A person exceeding the legally posted speed limit in a school zone or designated school crossing
must pay a fine equal to double the standard amounts for exceeding the speed limit. Therefore,
the following statutory fines are enforced when exceeding the legally posted speed limit in a
school zone:24
MPH Over the Legally
Fine
Posted Speed Limit
1-9 mph $50
10-14 mph $200
15-19 mph $300
20-29 mph $350
30 mph or more $500
17
MUTCD, Chapter 7A (2009 ed.).
18
Section 316.1895(6), F.S. and FDOT, supra note 11 at 15.5 p. 59.
19
Id.
20
FDOT, supra note 11 at 15.4.2 p. 55-58.
21
Section 316.1895(6), F.S.
22
MUTCD, Chapter 7B.10 (2009 ed.).
23
Section 316.1895(10), F.S.
24
Section 318.18(3)(b) and (c), F.S.
BILL: CS/CS/CS/SB 588 Page 6
Points assessed against the driver license of a person found speeding in a school zone are the
same as those for violating regular speed limits.25
Traffic Infraction Detectors
Traffic infraction detectors, commonly referred to as red-light cameras, may be used to enforce
laws requiring drivers to stop at traffic signals.26 A traffic infraction detector is a vehicle sensor
installed to work in conjunction with a traffic control signal and a camera or cameras
synchronized to automatically record two or more sequenced photographs or electronic images
or streaming video of only the rear of a motor vehicle at the time the vehicle fails to stop behind
the stop bar or clearly marked stop line when facing a traffic control signal steady red light. 27
Regulation of the use of cameras to enforce provisions of the Florida Uniform Traffic Control
Law28 is expressly preempted to the state.29
Counties and municipalities may install or authorize installation of traffic infraction detectors on
streets and highways under its jurisdiction in accordance with FDOT standards.30 Furthermore, a
county may install or authorize installation of such devices within unincorporated areas of the
county.31 The DHSMV may install or authorize installation of traffic infraction detectors on any
state road under the original jurisdiction of the FDOT, when permitted by the FDOT.32
If the DHSMV, a county, or a municipality installs a traffic infraction detector at an intersection,
the respective governmental entity must install signage notifying the public that a traffic
infraction device may be in use at that intersection, including specific notification of enforcement
of violations concerning right turns.33 Such signage must meet the specifications for uniform
signals and devices ad